Staff Human Resources
« Worker's CompensationHighlights of Updates to AB2222
- Begin the Interactive Process: an informal open discussion with the disabled employee to ascertain the precise job-related limitation imposed by the employee's disability and how those limitations could be overcome with a reasonable accommodation.
- Even if the department's ability to accommodate the employee's disability seems doubtful, a good-faith interactive process must still be conducted.
- A disabled employee may now sue an employer for failure to engage in a timely, good faith interactive process even if the employer ultimately provides a reasonable accommodation.
- Failure to investigate reasonable accommodations is legally equivalent to failure to investigate a complaint of sexual discrimination or harassment.
- Requirements of an Interactive Process:
- Review a current job description and if available, a physical job analysis.
- Identify essential and non-essential job tasks, and the purpose of the job.
- With input from the disabled employee, identify potential accommodations.
- Assess how effective each accommodation would be in enabling the employee to perform the essential functions of the job.
- Focus on what the disabled employee can do.
- Considering the employee's preference, select and implement the most appropriate accommodation for employer and employee.
- Brainstorm creative ways to allow the employee to continue working, such as:
- Job Accommodations or Modified Work: Modify job duties, environment, and/or work schedule.
- Transferable Skills: Lateral transfer into an existing position for which the employee is qualified. Transfer to "demoted" position or position of lesser terms/conditions. (This is a last resort accommodation.)
- Alternative Work: for which the disabled employee is qualified at a salary equal to at least 85% of the employee's current rate of pay. The position must be regular, last at least 12 months, and be within reasonable commuting distance from the employee's residence.
- The employer is not legally required to accommodate employee disabilities if the employer can demonstrate that the disabled employee:
- Is unable to perform the essential functions of the job, and no reasonable accommodation exists that would enable him/her to perform the essential functions of the job.
- Would create an imminent and substantial danger to him/herself or others by performing the job and no reasonable accommodation can be made to remove or reduce the danger.
- If reasonable accommodation is not possible, the results of the department's good faith effort must be documented.